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08/20/2013 08 Right-of-Way Vacation, Vicinity of Ranchrite Road & BNSF Railroad Right-of-Way; Sun Valley Plaza, LLC
BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9' For Meeting of: 8/20/2013 ITEM TITLE: Closed record public hearing to consider the Hearing Examiner's recommendation concerning the right of way vacation petition submitted by Sun Valley Plaza, LLC for a portion of unnamed public street right -of -way lying southerly of Ranch Rite Road and easterly of the BNSF railroad tracks. SUBMITTED BY: Steve Osguthorpe, AICP Director, Community Development Jeff Peters, Associate Planner - (509) 575 -6163 SUMMARY EXPLANATION: Sun Valley Plaza, LLC by Larry Hull has submitted a petition requesting the vacation of a 50 foot by 150 foot section of unconnected public right of way located to the south of Ranch Rite Road and east of the BNSF railroad tracks. This right -of -way is unconnected to any other roadway and serves no current or future roadway purpose. The Hearing Examiner has issued his recommendation that this right -of -way vacation be approved unconditionally. Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR Amount: Economic Development City Manager SUBMITTAL: RECOMMENDATION: Staff recommends acceptance of the Hearing Examiner's recommendation and the adoption of the ordinance approving this right of way vacation. ATTACHMENTS: Memo Date: August 20, 2013 To: Yakima City Council From: Jeff Peters, Associate Planner Subject: Unnamed Street Right -of -way Vacation Sun Valley Plaza, LLC, has petitioned for the vacation of a 50 foot by 150 foot section of unnamed public right -of -way that had been deeded to the City of Yakima by a quit claim deed for street on March 24, 1958; however, there is no record of any compensation being paid by the city to the grantor. This strip of right -of -way goes nowhere and there is no legal access to this property without trespassing onto private property. The petitioner herein is the owner of three of the four adjoining properties and the railroad owns the fourth. The open record public hearing on this matter was held before the Hearing Examiner on June 13, 2013. There were no objectors to this vacation either orally or in writing. The examiner closed the hearing and subsequently, on May 9t", submitted his written recommendation for the approval of this street vacation. At the time of this hearing city resolution No. R- 2007 -126 provided that, "no compensation shall be required to be paid to the city on the vacation of a right -of- way which the city has not purchased, maintained, or made any improvements to, and no plan or anticipated public purpose exists for maintaining the right -of- way." Such is the case with this vacation request and no compensation has been recommended by both staff and the Hearing Examiner. In all matters concerned with this petition staff concurs with the Hearing Examiner's recommendation and therefore recommends that the Council adopt the accompanying ordinance based upon the Hearing Examiners' findings and conclusions. ORDINANCE NO. 2013- AN ORDINANCE vacating, without conditions, an unnamed street right -of -way located southwest of Ranchrite Road and east of the BNSF railroad right -of -way and located within the City of Yakima, Sun Valley Plaza, LLC by Larry Hull as the petitioner herein. WHEREAS, the Hearing Examiner for the City of Yakima issued a recommendation on June 28, 2013 recommending that the City approve, without conditions, the vacation an unnamed portion of public street right -of -way consisting of the west 50 feet of Lot 50 of St. Paul Acre Lots and located within the City of Yakima, Washington.; and WHEREAS, the City Council finds that the findings and conclusions of the Hearing Examiner set forth in said recommendation in response to the requirements of applicable state and local law are correct and appropriate, and that the same should be adopted by the City Council as its findings, conclusions herein; and WHEREAS, no property would be denied access to the public street system as a result of the vacation of this street right -of -way which is landlocked and does not provide access to any property; and WHEREAS, the vacation of the subject public street right -of -way would not conflict with any planned street improvement projects or other City plans or projects and; WHEREAS, there are no public or franchised utility lines or easements within the area to be vacate; and WHEREAS, the area to be vacated has not been purchased, maintained or improved by the City, Resolution R- 2007 -126 does not require the petitioner to pay any compensation for the vacated street right -of -way; and WHEREAS, there would be a public benefit to be derived from removing the hindrance to developing the vacated property. Private development of the vacated property would add to the City's tax base and would possibly add new employment opportunities; and WHEREAS, the Yakima City Council approves the requested right -of -way vacation, the vacated right -of -way will belong to the petitioner's property from which the conveyance originated per RCW 58.17.060(1) and RCW 58.17.212, and will have the General Commercial (GC) zoning of the abutting parcel into which it will be merged; and WHEREAS, even though the petition submitted is signed by the owner of slightly less than two - thirds of the abutting property, the right -of -way subject to the vacation petition was granted wholly from within a parcel owned by petitioner's predecessor in interest, and the City Council may approve this vacation request by considering its action herein to be one initiating and ratifying this process, and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following; now therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. The findings of the Hearing Examiner set forth in the Hearing Examiner's Recommendation herein are hereby adopted as the findings of the City Council. Section 2. The City of Yakima hereby vacates that certain tract of real property legally described as the west 50 feet of Lot 50 of Saint Paul Acre Lots as recorded in Volume "A of Plats, Page 15, records of Yakima County, Washington and located within the City of Yakima. Section 3. The subject property will belong to the petitioner's property from which the conveyance originated per RCW 58.17.060(1) and RCW 58.17.212, free and clear of the right -of -way vacated herein, and will have the General Commercial (GC) zoning of the abutting parcel into which it will be merged Section 4. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter, and the vacation approved herein shall be effective upon recording with the Yakima County Auditor. 2013. PASSED BY THE CITY COUNCIL, signed and approved this 20th day of August, ATTEST: Sonya Claar Tee, City Clerk Micah Cawley, Mayor 9 a 3MATEW111IMMI Dv I U v us w I a 12100 J111 Applicant: Sun Valley Plaza LLC File Number: RWV#003-13, Petition 413-03 Site Address: U d Portion of Public Right of Way in the Vicinity of Ranch Rite Road Staff Contact: Jeff Peters, Associate Planner CHAPTER AA Hearing Examiner's Recommendation to City Council CHAPTER A Staff Report CHAPTER B Site Plan CHAPTER C Maps CHAPTER D Application CHAPTER E Public Notices I EI I BVNNN - I i �, City of t 1 1 CITY Hearing Examiner's Recommendation June 2,21 In the Matter of a Petition for Vacation Public Street Right-of-Way i - Y Plaza, LLC by Larry Hull Petition -2 13- } To Vacate Unnamed Street - - Located e of c rite Road East of ilr oad Right-of- A. Introduction. process r Sun Valley Plaza, LLC/LarTy Hull Vacation of • SW of Ranchrite ' BNSF ► ., RWV #003-13; Petition I�ili�ll i � ail B. Summary of Recommendation. The Hearing Examiner recommends that the Yakima City Council approve this request to vacate a section of public street Fight-of- way southwest of Ranchrite Road and east of the Burlington Northern Santa Fe railroad MM3= 1. Petition er/Property Owner. The petitioner and property owner is Sun Valley Plaza, LLC by its owner Larry Hull, 901 Summitview Avenue, #250, Yakima, Sun Valley Plaza, LLC/Larry Hull 2 Vacation of Unnamed Right-of-Way SW of Ranchrite of BNSF R/R RWV #003-13; Petition #R-2013-060 the Burlington Northern Santa Fe railroad right-of-way. The Assessor's parcel numbe ] are 191330- 42473 and 42448 for the petitioner's abutting parcels and 191330-43003 f ©1< ?2 «* railroad right-of-way to the west. (Exhibits E-3, D-1, B-1 andA-1, page 1). Ill. Notices. The Yakima City Council referred this petition for vacation of street right- of-way to the Hearing Examiner for a recommendation by Resolution No. R�2013-060 adopted on May 21, 2013, in accordance with RCW 3 5.79.010. (Exhibit E-�). Notice of the June 13, 2013, public hearing was given more than twenty days before the hearing in the manner required by RC W 35.79 .020 and was given in additional ways as follows: Posting of notice on the property: May 22, 2013 Posting of notice in thre-- 2 places: May 23, 2013 Publishing of notice in » %» a Herald-Republic: May 24, 2013 « »!o\2 « °tie to the property owners within 300 feet: May 24, 2013 (Exhibits E-2, E-3, E-4a, E-4b and E-4c respectively). s,7ection 1.43.080(H) that the Hearing Examiner shall conduct public hearings on- tifits and resolutions to vacate streets and public rights-of-way pursuant to RCW Chapter Sun Valley Plaza, LLC/Larry Hull Vacation of Unnamed Right-of-Way SW of Ranchrite Rd., E of BNSF R/R *a<#003-13; Petition #R-2013-060 35.79 and that decisions of the Hearing Examiner on such matters shall constitute V. Environmental Review. Street right-of way vacations are categorically exempt from State Environmental Policy Act (SEPA) review as stated in WAC 197-11-800(2)(h) VI. Traffic Stu4L. This request is exempt from the City's Street Segment Capacity Analysis. (Exhibit A4, page 4). Vill. Development Services Team. The only comment of the Development Services Team was Mr. Benson's recommendation of approval. (Exhibit A-1, pages 2-3), Sun Valley Plaza, LLC/Larry Hull Vacation of Unnamed Right-of-Way SW of Ranchrite BNSF r RWV #003-13; Petition #R-2013-060 X. Criteria for the Vacation of Street Right-of-Way. The following five criteria set forth in the City"s application in for street right-of-way vacations are considered in ,fetermining the propriety and requisites of street right-of-way vacations: Sun Valley Plaza, LLCILarry Hull 5 Vacation of Unnamed Right-of-Way SW of Ranchrite Rd., E of BNSF R/R RWV #0032 13; Petition #R-2013-060 . .... . .... ...... X11. Title to Vacated Public Street Right-of-Way. Vacated public street right-o way normally belongs to the abutting owners on each side, one-half to each, pursuant KCW 35.79.040: Sun Valley Plaza, LLC/Larry Hull Vacation of Unnamed Right-of-Way SW of Ranchrite Rd., E of BNSF R/R RNW #003-13; Petition #R-2013-060 DO C. INDEX #-A8 - 1. "35.79.040 Title to vacated street or alley. If any street or alley in city or town is vacated by the city or town co a uncil, the property within the limli go vacated shall belong to the abutting property owners, one-half to each." M The exception is where, as here, the public street right-of-way was conveyed from property that was within a single plat. RCW 58.17.212 states the exception in the context of vacating all or part of a plat as follows: "When the road or street that is • be vacated was contained wholly within the subdivision and is part of the boundary ♦ the subdivision, title to the vacated road • street shall vest with the owner or owners of property contained within the vacated subdivisio�c." M When the plat is not being vacated in whole or in part, Washington case law recognizes that exception to the general rule in other contexts as well. The Washington Suprem,; Court held in London v. Seattle, 93 Wn.2d 657, 611 P.2d 781 (1980) at pages 666-667: Sun Valley Plaza, LLC/Larry Hull 7 Vacation of Unnamed Right-of-Way SW ■ Ranchrite Rd., E of BNSF R/R RWV #003-13; Petition #R-2013-060 This exception applies to this requested vacation because all of this public street right-of- way was originally the western 50 feet of Lot 50 of the St. Paul Acre Lots subdivision. "Where • public right-of-way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues." (Exhibit A-], page 2). XTH. Sufficiengy of Petition. Since the plat of St. Paul Acre Lots of Yaki County was tiled on May 18, 1888, without the length of the west side of Lot 50 bei noted on the plat, Mr. Benson had not been able to determine the exact dimensions of tj area proposed for vacation prior to the hearing. The record was kept open for that purpose in order to confirm that the petition was signed by the owners of more than two- I I Sun Valley Plaza, LLC/Larry Hull Vacation of Unnamed Right-of-Way SW of Ranchrite Rd., E of BNSF R/R RWV #003-13; Petition #R-2013-060 «..z ». is signed by the owners of more ©h two-thirds of the property abutting upon the part of such street or alley sought to be vacated, the legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority ..." RCW 35.79.020 provides that notice of the hearing on a sufficient petition only has to posted in » ®` public places and on the right of way: I "Upon h`— w :IJ of the resolution the city or town clerk shall give twenty days' notice of the pendency of the petition by a written notice posted in three of the most public places in the city or town and a like notice in a conspicuous place on the street or alley sought to be vacated. the lep-islative authority may itself initiate by resolution such vacation procedure. ..." Sun Valley Plaza, LLC/Larry Hull 9 Vacation of Unnamed Right-of-Way SW of Ranchrite Rd., E of BNSF R/R WV #003-13; Petition #R-2013-060 h F47W The City Council passed a resolution to commence the hearing process for this stree'j right-of-way vacation after receipt of Mr. Hull's petition. (Exhibit E-J). The City has given the type of additional hearing notice required to initiate this process itself. The City did not thereafter receive any objection to the requested vacation by the other abutting property owner that would prohibit the City from proceeding with this vacation Based on the foregoing Findings, the Hearing Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction and authority by virtue of Subsecti 1.43.080(H) of the Yakima Municipal Code to conduct an open record public hearni regarding a petition and resolution to vacate avublic street riaiht-of-waip kre-, . J'i amr�u; ■ recommendation to the City Council relative thereto. (3) SEPA review was not required because street right-of-way Vacations categorically exempt from SEPA review. I (4) A traffic analysis report is not required for the requested right-of-way vacati under the Transportation Capacity Management Ordinance. I Sun Valley Plaza, LLC/Larry Hull Vacation of Unnamed Right-of-Way SW of Ranchrite Rd., E of BNSF R/R RWV #003-13; Petition #R-2013-060 (5) The public street right-of-way to be vacated was deeded to the City of Yaki on March 24, 1958, from Lot 50 of the St. Paul Acre Lots of Yakima County created an 1888 plat. • (6) 7be Yakima Urban Area Comprehensive Plan 2025 designates the areas abutting the area to be vacated as Industrial, (7) The Yakima Urban Area Zoning Ordinance classifies Lot 50 of St. Paul Ac I erci Lots from which the public street right-of-way was conveyed as the General Comm l zoning district. (8) No property would be denied access to the public street system as a result of the vacation of this street irigbt-of-way which is landlocked and does not provide access to any property. (9) This request for vacation of public street right-of-way would not conflict wi any planned street improvement projects or other City plans or projects. i (10) There are no public or franchised utility lines or casements within the area to be vacated. (11) The requirements of RCW 35.79 and the City's five criteria governing approval of public street right-of-way vacations have all been satisfieJ chooses to consider its resolution commencing this proceeding as one initiating th c-equested street right-of-way vacation. M (12) Since the area to be vacated has not been purchased, maintained or ilmprov by the City, Resolution R-2007-126 does not require the petitioner to pay compensation for the vacated street right-of-way. I (13) There would be a public benefit to be derived from removing the hindran to developing the vacated property. Private development of the vacated property woull add to the City's tax base and would possibly add new employment opportunities. Sun Valley Plaza, LLC/Larry Hull 12 Vacation of Unnamed Right-of-Way SW of Ranchrite Rd., E of BNSF R/R RNW #003-13; Petition #R-2013-060 I k AN ITIVA M=T ITMITTITIM777-1-Me-7--aakima Sun Valley Plaza, LLC/Larry Hull 13 Vacation of Unnamed Right-of-Way SW of Ranchrite Rd., E of BNSF R/R RWV #003-13; Petition #R-2013-060 Gary M. Cuillier, Hearing Examiner i I �.,, City of Yakima, Washington T Planning Division Staff Report June 13, 2013 I gg I k i w N51-5.3 ii a- of # LEMMi� REQUEST: Vacation • an unnamed section of publicly owned right-of-way lying southwesterly of Ranch Rite Road and easterly of the BNSF railroad, PARCEL NOS: Not applicable for rights-of-way — Adjacent properties a 19 1330-42473, 42448, 43003 1 STAFF CONTACT: Bruce Benson, Supervising Planner (509) 575-6042 SUMMARY OF RECOMMENDATION: The City of Yakima Planning Division recommends approval of this vacation request. IM* • - - 0 . /t Sun Valley Plaza's owner Larry Hull has submitted a petition requesting the vacation a section of unnamed public right-of-way that had been deeded to the City of Yakima a quit claim deed for street on March 24, 1958. Mr. Hull is the owner of three fourths the abutting property, I A. Hearing Examiner Authority. The Yakima Municipal Code states in Chapter 1.43.080 (H), that the hearing examin shall conduct public hearings on petitions and resolutions to vacate streets and pubi 11 rights-of-way pursuant to RCW Chapter 35.79. Decisions of the examiner on su matters shall constitute recommendations to the City Council. I B. Yakima Urban Area Comprehensive Plan 2025. The Comprehensive Plan indicates that the areas adjacent to this right-of-way are Industrial; this designation does support Industrial zoning and does not support General Commercial zoning. D. RCW 35.79. RCW 35.79 sets forth the state's requirements for the process of vacating public rights- 0-way. All requirements of this chapter that can be accomplished prior to the public hearing have been fulfilled. E. DST Meeting Comments. Planning Division — Bruce Benson Om 2 1140" The petitioner has submitted a sufficient application for the requested right-of-way vacatiol. M - - G. Consideration for Vacation of Rights-of-Way, The City's Right-of-Way Vacation application form requests that the petitioner submit a written response to the following questions: 2. The vacation of right-of-way does not deny any sole access to any property. This vacation request will not deny any sole access to any property. 3. Petitions should be consistent with the Six Year Transportation Improvement Plan (TIP), Urban Area Comprehensive Plan and other official City plans and policies. The vacation is consistent with the Six-Year Road Plan and all relevant City plans and policies. Existing Utilities (public and franchised) should • relocated at the developer's expense or an adequate easement provided. Where DM 3 appropriate, if existing utilities are deemed not necessary th requirement may be waived. There are no public utilities located within the subject right-of-way RIE93=A 9 M-I Street vacations are categorically exempt from SEPA review, as specified in WAC 197-11-800(2) h and YMC 6.8 8, On May 21, 2013 the Yakima City Council set the date of the public hearing for this right-of-way vacation on June 13, 2013. This was done by Resolution No. R-2013- 060 according to the requirements set forth in RCW 35.79.010. Additional required notices were completed on the following dates: HLI= 1. The petitioner owns the properties contiguous to three sides of the subject right- of-way. 2. This unnamed right-of-way was deeded to the City of Yakima on March 24, 1958. 3. This unnamed right-of-way is unimproved; consequently no maintenance has been required. 4. Right-of-way vacations are categorically exempt from SEPA review and Transportation Capacity Analysis review. 5. The Yakima Urban Area Comprehensive Plan 2025 designates the areas contiguous to this right-of-way as Industrial. • The Yakima Urban Area Zoning Ordinance designates the contiguous areas t* the north, east and south as GC, General Commercial and to the west M- 1, LigN Industrial. 7. If this request is approved by the Yakima City Council the vacated street right-of- way will be zoned GC, General Commercial to conform to the property to which it accrues. 8. This vacation request requires no compensation. Iffffl. The Planning Division recommends that the petition for the right-of-way vacation of this unnamed public right-of-way be approved subject to the condition the vacated property be merged into the petitioner's adjacent property and not established as a separate parcel of land. D= 5 INDEX Imall Site e I.. IIF i 1- /i�erS. � �e ��I.J OYYN6 0 UAc.i,. c DOM #� -I le 3/15/2013 }{ ƒ }\ CHAPTER ?° Maps Project Vicinity Map RWV#003=1 3 Related Projects: Applicant: SUN VALLEY PLAZA LLC Location: VICINITY OF 22 RANCH RITE RD Wednesday - 03/27/2013 - 04:04:29 Contact City of Yakima Planning Division at 509- 575 -6583 City of Yakima - Geographic Information Sevices Proposal: Vacate a portion of public right of way in the vicinity of Ranch Rite Road. DI INDEX Map Disclaimer Information shown on this map is for punning and illustration purposes only The City of Yakima assumes no liability for any errors. omissions, or inaccuracies in the information provided or for any action taken, or action not Laken by the user in reliance upon any maps or information provided herein. arr ................ a.. a..+•.+..• ..............................1 .� Fond+ Fq1! Ind Lai i t �• r •+ r i 1y • + ■ • s • i • t l • — + ■ i ■ ■ a-aa +ai.. i i i ■ ■ •: � illy • ■ i • ♦ r i } ............... 0 1:2, 000 RWV #003-13 Related Projects: Applicant: SUN VALLEY PLAZA LLC Location: VICINITY OF 22 RANCH RITE RD Proposal: Vacate a portion of public right of way in the vicinity of Ranch Rite Road. Parcel List: 19133042473 INDEX # Project Parcels Vicinity Map Contact City of Yakima Planning Division at 509 -575 -6183 Wednesday - 03/2712013 - 04:04:31 City of Yakima - Geographic Information Sevices Map Disclaimer Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions. or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. i� ........................... .••■r•a■•.................. % Rants+ Ph& R e i i i ■ ■ i, i r• RWV #00313 Related Projects: Applicant: SUN VALLEY PLAZA LLC Location: VICINITY OF 22 RANCH RITE RD Proposal: Vacate a portion of public right of way in the vicinity of Ranch Rite Road. Parcel List: 19133042473 Low Density Residential Professional Office Large Convenience Center Medium Density Residential Regional Commercial Arterial Commercial FI High Density Residential I '" Neighborhood Commercial 0 CBD Core Commercial Industrial Project Parcels INDEX #_„C J .,,� Future Land Use Map Contact City of Yakima Planning Division at 509- 575 -8183 Wednesday - 03/27/2013 - 04:04:31 City of Yakima - Geographic information Sevices Map Disclaimer: Information shown on this map is for planning and illustration purposes only The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. .. rw. rrrrrra+ rt ................... ..............irasris�as..aay -. RanCh F4f! R4 i i r C G i s {i + } i M2 i 1:2,000 RVW #443 -13 Related Projects: Applicant: SUN VALLEY PLAZA LLC Location: VICINITY OF 22 RANCH RITE RD Proposal: Vacate a portion of public right of way in the vicinity of Ranch Rite Road. Parcel List: 19133042473 go Yakima Urban Area Zoning Outlines Floodway Areas Project Parcels Zoning Map o0G INDEX Contact City of Yakima Planning Division at 509 - 575 -6183 Wednesday - 03/27/2013 - 04:04:31 City of Yakima - Geographic Information Sevices Map Disclaimer. Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions. or inaccuracies in the information provided or for any action taken. or action not taken by the user in reliance upon any maps or information provided herein .Rail tale Rd so— 24 .� � I I t t t s • r ■ ■ r s r t ■ r M r � .i 4 F i 1:2,000 RVW #003 -13 Related Projects: Applicant: SUN VALLEY PLAZA LLC Location: VICINITY OF 22 RANCH RITE RD Proposal: Vacate a portion of public right of way in the vicinity of Ranch Rite Road. Parcel List: 19133042473 Project Parcels 1/ Hydrants — Water Pipes DM IN= Utilities Map Contact City of Yakima Planning Division at 509 -575 -6183 Wednesday - 03/27/2013 - 04:04:31 City of Yakima - Geographic Information Sevices Map Disclaimer. Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors. omissions, or inaccuracies in the inrormatron provided or for any action taken, or action not taken by the user 3n reliance upon any maps or information provided herein r� r,♦ 0 1 -2,000 .WOW # i -- - .. . L '40 .................. Ir AW JEEP � i ��•`r l .ter +-(` `L + i 4: �IrMMr►'� i• •�- ,� . war i r -4P - - {+ • J -{ -4 Pao .F aI 1+�}� • �� � rrr���� �. jai. . * ...................r +.� +..... r r�•1 RWV #003-13 Related Projects: Applicant: SUN VALLEY PLAZA LLC Location: VICINITY OF 22 RANCH RITE RD Proposal: Vacate a portion of public right of way in the vicinity of Ranch Rite Road. Parcel List: 19133042473 �•5 's Project Parcels INDEX # C -1 Aerial Photo Map Contact City of Yakima Planning Division at 509 -575 -6183 Wednesday - 03/27/2013 - 04:04:31 City of Yakima - Geographic Information Sevices Map Disclaimer Information shown on this map is for planning and illustration purposes only The City of Yakima assumes no liability for any errors, omissions. or inaccuracies in the inrormalkon provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. r0 " .WOW # i -- - .. . L '40 .................. Ir AW JEEP � i ��•`r l .ter +-(` `L + i 4: �IrMMr►'� i• •�- ,� . war i r -4P - - {+ • J -{ -4 Pao .F aI 1+�}� • �� � rrr���� �. jai. . * ...................r +.� +..... r r�•1 RWV #003-13 Related Projects: Applicant: SUN VALLEY PLAZA LLC Location: VICINITY OF 22 RANCH RITE RD Proposal: Vacate a portion of public right of way in the vicinity of Ranch Rite Road. Parcel List: 19133042473 �•5 's Project Parcels INDEX # C -1 Aerial Photo Map Contact City of Yakima Planning Division at 509 -575 -6183 Wednesday - 03/27/2013 - 04:04:31 City of Yakima - Geographic Information Sevices Map Disclaimer Information shown on this map is for planning and illustration purposes only The City of Yakima assumes no liability for any errors, omissions. or inaccuracies in the inrormalkon provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. I W.14 so I I IN3 v 8 4 �:J:* 9 k �� u?t MI � • the City Council • the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show: The undersigned petitioners request that the following described street, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79 (provide legal description below, or attach • peon if lengthy). Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above-described area. The undersigned petitioners constitute owners of more than two-thirds of said abutting property. Wherefore, petitioners pray that proceedings be heard hereon for the vacation of said area the manner prescribed by RCW Ch. 35,79. 1 (if there are more property owners than what is room forplease attach a separate list of property owners abutting the fight-of-way to be vacated as well as their address, percentage of frontage on the fight-of-way, and signature with date and the total ownership percentage of the pmpetly owners par6cipating in this vacation) RECEIVED MAR 2 6 2013 LAND USE APPLICATION CITY OF YAKIM rH PLANNING DI 'CITY OF YAKIMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA "902 VOICE, (509) 575-6183 FAX: (509) 575-6105 W 4M .9 W I i I 1 1 " W R, 111 1 1 � A 1 1011 At J! A 11111 ISO � 1, �. Fliffil 11611111101 114 1 i 1" W I F W IN I 1 111.4 i 1. 111 .4 ! 1.11 A. 11. -4 i N i I N 111 IV, 1.104, 0 1 1. Appifteant-S Aame, Addrcss. Easement Release rZZU1.1.71 And Phone Number Environmental Checklist (SEPA) Shoreline Type (2) Review Right-of-Way Vacation Illlllldll Type (3) Review r-1 Transportation Concurrency rl 77plicam's Property Interest El Non-Conforming Structure/Use El Long Plat F1 Type 3 Modification Admin. Modification 3. Pipperty Owner's Name, Interpretation by Hearing Examiner iiiiii Address, And Phone Nu r El Temporary Use Permit (If Other7ban Applicant) Home occupation El Comp Plan Amendment El Short Plat Exemption. 4. Subject Property's Assessor's Parcel Numberts). 191330-42473 —am It �Phonc!(509 )453-8161 ■ Other W== I !llili 11 Jill 111 RUM= gum WIN"- IN alga rd S.'I)W WI-Application, (C-hcdk AlThat Apply) Easement Release Administrative Adjustment M Environmental Checklist (SEPA) Shoreline Type (2) Review Right-of-Way Vacation 0 Type (3) Review r-1 Transportation Concurrency rl Short Plat El Non-Conforming Structure/Use El Long Plat F1 Type 3 Modification Admin. Modification El Interpretation by Hearing Examiner iiiiii Appeal El Temporary Use Permit rl Home occupation El Comp Plan Amendment El Short Plat Exemption. ■ Other: U Itz 1� ml- I - DATE ED Easement Release r-1 Rezone r-1 Shoreline 0 Critical Areas 0 Variance r-1 Amended Plat 0 Binding Site Plan 0 Planned Development I FME 4 _Receipt 01._ 11eari ce 3 IM ■ i�11491uwm Supplemental Application For- Ct &.-V 'ERIGHT-OF-WAY VACATION MAR 2 6 2013 Fee. $420.00 (RCW 35.79) (+50% appraised value) 1 Eli! 1 i giii pgjjl�rij I 1 11 m development of property. C. Is the proposal consistent with existing plans of the City? (Petitions should be consistent with the Six-year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies D. Yes. N a..'"Ja o3lewm[W., I rmguro its a I W-1 am I I all ■ N [its) NRIMPMEWAR"I TO BE VACATED (may be waived) ONUM 11M A 001 EVINE III i i, M IM is Feb 2013u Site Improvernets While this Information Is Intended to be accurate, any manifest errors are unintentional and subject to Please read our open message to correction. Please feel free to contact us about any errors you discover and we will try to correct them as you here. on asp ible, To contact us call either (509) 574-1100 or (800) 572-7354, or e-mail us at Parcel Pictures Parcel Other I Details Property Sales Segregations Taxes Values 11 Data 11 11 11 Parcel Number: 191330-42473 (V Map) I printa ble; Shbus Address: 22 Ranch Rite Version) Rd Property Use- 64 Service - Repair ? Tax Code Area- 333 Size: 3.26 NeIghborhoode? 0302 Owner(s) Sun Valley Plaza Uc Abbreviated Legal Description Section 30 Township 13 Range 19 Quarter SE: ST PAUL ACRE LOTS (A-15): LOTS 50, 51 & 52, ALSO PTN VACATED RANCH RITE ROAD (AKA LENOX AVE) ACCURING THERETO BY ORD # 244 AF* 1865959, EX WILY PTNLOT SD GRANTED TO CITY OF YAKIMA AF* 1715885 Utility Informatillow(Indicates utility Is available at parcel boundary) Gain Yes Ekictric Yes Water. Public Sewer/Septic; Publis While this Information Is Intended to he accurate, any manifest errors are unintentional and subject to correction, Please feel free to contact us about any errors you discover and we will try to correct them as soon as possible. To contact us call either (509) 574-1100 or (800) 572-7354, or e-mail us at ]acob-tarteoco,yakimawa.us Copyright 0 2011 Yakima County Assessor's Office Website Created by Jacob Tate ......... ... M littp- es.coyakima.waus/AssessorlpareeI detai1s.aspx?1d=509635 1/y 3/25/2013 Receipt Number: CA-13-M234 RWV#003-13 19133042473 Right of Way Vacation 22 RANCH RITE RD $420.00 $420.00 Total Paid: $420.00 Tendered Amt: $420.00 Change Due: MOO DOC. INDEX M I $Vong" � ► ' ;fkr Agenda e!# 1- n1 05/21/2013 Hearing + # 0� 1 # Use Action Installation kV lliil �!IIIIII'lll 05/2212013 Affidavit of Posting of Resolution �I lilll �� VP�m III 13 Notice of Petitio c Hearing 05/24/2013 E-4a: Press Release and Legal Notice Publication E-4 b: Parties # Agencies Notified Affidavit of Hearing Examiner Packet Distribution 06/06/2013 Hearing Examiner Public Hearing Agenda & Sign-In Sheet 06/13/2013 Notice Examiner's Recommendation w C uw uual I ■,I IF■u 0 I■ I II 13 ,III (See DOC INDEX#AA-1 for HE Recommendation) Parties and Agencies Notified # Affidavit # Agenda Statement: Date :. Council Public r ::. � I IIII 08/06/2013 t Letter of Transmittal to City Clerk: City Council Hearing Si 4 City Council Public Hearing Notice 08/08/13 YAKIMA CITY COUNCIL NOTICE OF PUBLIC MEETING Petition of Street Vacation Located for a portion of unnamed section lying southerly of RanchRIte Road and easterly of the BNSF railroad tracks ROTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public meeting to consider the Hearing Examiner's recommendation on a right-of-way vacation petition requested by Sun Valley Plaza, LLO for a portion of unnamed section lying southerly of RanchRite Road and easterly of the BNSF railroad tracks. Said public hearing will be held Tuesday, August 20, 2013 at 7:00 p.m. in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima Washington. For additional information, please contact Jeff Peters, Associate Planner, 575-6163, or e-mail to j9ffgeters@yakimawa._qov. Any citizen wishing to comment on this issue is welcome to attend the public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2 Id Street, Yakima, WA 2) E-mail your comments to coouncll@yakimawa.gov. Include in the e-mail subject line, "Sun Valley Plaza ROW vacation." Please also include your name and mailing A.-ated this 7 h day of August, 2013. INDEX W vilzueW to.- :5=d %-Adar- I ee, I dRima k-J-Ey Clem, Dy nanci cfeuvery the following documents: 1. Mailing labels for SUN VALLEY PLAZA, LLC (RWV#003-13); including all labels for adjoining property owners of subject property, agencies and parties of record. . ......... . .......... : nal FMM"MORMOMMM r"Mr- rr"We EIRTIMP-M M. M1 WOWS= �W' -74 J = Z 1. 111; 1. a, 1, ^.11 - PIN W1 .0 a-- i i a irs MUMEM Date: K CA�"--- DOC. INDEX # 19133031009 gel ON w'' Mill 19133024902 RAILWAY CO PO BOX 96]ORQ-00'- FORT WOR� r,TX 761610089 19133042448 19133024411 WESTERN MATERIALS INC PO BOX 430 YAKIMA, WA 989070430 19133013015 WALTER H. HUBBARD PO BOX 391 YAKIMA, WA 989070391 19133043003 7'rk 761610089 19133031900 19133042472 SUN VALLEYPL�AZ 901 SUIMMITV # 2501 YAKIMA, W 98902 19133042443 II Uot'w( iLu')vq(cks - IS 19133024902 BURLINGTON NORTH SANTA FE RAILWAY_QpoO-- PO BOX 961089 FORT WORTH, TX 761610089 19133024407 SUN VALLEY P ;ol0A LL JEW AVE 901 S AM*rr� JEW AVE # 250 YAKIL, WA 98902 DOC. INDEX # - ri tz_- - U Sun Valley Plaza, LLC c/o Lar-fy Hull Yakima, WA 98902 Type of Notice- — L3Q 08 -1 A 3mun", /i�eIr 'F� �e ^�W `�vow� OkI. VA[A'iffc�R��, D DOa http:ffwww.yakimap.cOm/WebMaPs/`apjocator—html/508013-46 0634.gif tv Item No. For Meetinq of. 8/6/2013 Sun Valley Plaza, LLC has petitioned for the vacation of an unnamed section of publicly owned rl hK Contract: 'W 0 0. IRLIJI-16 SM DIM 9MEMM 3� � = Z MUMEEM 1111 11; !IFIRPI '11�111 III Lily qlliiiiiil��� ,l: 11 1 . a 11 iii�l liji�i;illjiy 1111 - - M " F- Mz 2 &TA 5 0 MTO in ZMT U1,10101 *A # ATTACHMENTS: Name-, Description: No AttachirentS Avahble WC. INDEX # MUMMMEAMONOVAIM WR§152R�� Sun)�alley Plaza Lj,!g That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. DIED. INDEX A- . ,,Plicant and Parties of Record Notified for NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION dated July 2,2013. Applicant: - Sun Valley Plaza, LLC / Larry Hull File- liW--V#003-13 Address: Vicinity of 22 Ranch Rite Road DOC. INDEX # Rosalinda lbarra twiti I 14 WNW Ad L 'W" miimpzm�� DOC. INDEX # t. • B i a rM 14 1 LTI WE'AFT11m; I I kq Lel go] Ll im: Ig I n� ��� RIM M1 Rosalinda lbarra Yakima Cit;,mW&ff w6ijy6hu, 129 North Second Street Yakima, WA 98901 I . .M# &=Jam f . I Re: Hearing Examiner's Recommendation: RWV #003-13, Petition #2013-060 — Sun Valley Plaza, LLC / Larry Hull to Vacate Unnamed Street Right-of-Way Located Southwest of Ranchrite Road and East of BNSF Railroad Right-of-Way 1119WITOM11TI Enclosed is the Hei?xiTt,.P, E M �iud�Q If you have any questions, please give me a call. Thank you. KRR: krr Enclosure cc: Karri Espinoza, Yakima County Planning Division, w/ Enclosure Pat Spurgin, City of Yakima Pro Tern Hearing Examiner, w/ Enclosure ...... . ..... 0 A= .. .. ...... . . .. ..... ........... ....................... NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE CITY COUNCIL July 2, 2013 On June 28, 2013 the City of Yakima Hearing Examiner rendered his recommendation on RNW#003-13, Petition #R-2013-060. The application submitted by Sun Valley Plaza, LLC / Larry Hull, is to vacate an unnamed street right of way located southwest of Ranch Rite Road and east of BNSF Railroad right of way. The application was reviewed at an open record public hearing held on June 13, 2013. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. Bruce Benson Date of Mailing: July 2, 2013 Enclosures: Hearing Examiners Recommendation, Site Plan WC. INDEX # E7 HEARING SIGN-IN SHEET CITY OF YAKIMA 14EARING EXAMINER CITY HALL COI F E I ■ . 1 a. a. a a a a I •:i COMMUNITN"IEVELOPM ENT DEPARTMENT A. SUN VALLEY PLAZA, LLC / (03/26/2013) RWV#003-13 Planner- Bruce Benson Address- Unnamed Portion of Right of Way near Ranch Rite Road & BNSF Request: Vacate a portion of an unnamed section of publicly owned right-of-way lying southwesterly of Ranch Rite Road and easterly of the BNSF railroad. wv�n !) ma (A go now If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. Hearing Examiner AGENDA ONLY � Phil La I , KIT- TS Radio Distribution fist 311 North 3`d Street 4010 Summitview, Suite 200 Yakima, WA 98901 Yakima, WA 98908 All YPAC randy beehler( akimawa. ov Yakima Assoc, of Realtors ken Crockett cvakirnw.ov ag ov. Affairs Committee R Radio mtke.rown ;yaktrnada.�ov 2 707 River Road 1240 esterly Dr. #160 bonme.lo agob2 iMAa a.aoy Yakima, WA 98902 -1165 Yakima, WA 98902 Dominic Rizzi RC -FOX 68 Police Chief David Okowski KI T do» c,ri a € 2801 Terrace Heights Drive 4 Yakima, WA 98902 Yakima, WA 98901 Dave Willson Pacific Power Fire Chief Mike Paulson iCNDO TV day d willson yaki wa goy 504 N. Keys Rd. 216 West Yakima Avenue Yakima, WA 98941 Yakima, WA 98902 Sonya Cl -Tee Office of Rural FWH City Clerk. Marty Miller Yakima Herald - Republic scan a.cl tee vakimwa. qy 1400 Surnmitview #203 P.O. Box 9668 Yakima, WA 98902 Yakima, WA, 98949 Tony O'Rourke Yakima School Dist. ##7 City Manager Superintendent VIVA tonv,ormkkt@Xakimwa.gov 104 No 4a' Street P.Q. Box 511 Yakima, WA 98902 Toenish, WA 98948 Radio EDNA Business Times P.O. ox 804 Bruce Smith Patrick D. Sp gin 411 N. t ad St. Granger, WA 95932 P.O. Box 2052 Yakima, WA 95907 Yakima, WA 98941 PP TV Attn: Newsroom Yakima Valley C.0,G, Gary Guilder PCB Box 1749 311 N. 4d' Street STE 202 314 N. tad Street Yakima, WA 98907 -1749 Yakima, 98941 Yakima, WA 98901 Maud Scott 307 Union Street Cedes Bulletin Board Yakima, WA 98901 INDEX xtearing txaminer ram et Jeff Cutter AGENDA, STAFF REPORT, Doug Mayo City Legal Department Engineering Division SITE PLAN AND MAPS ......... Jeff.cutter@yakimawa.gov Doug.mayo@yakimawa.gov Yakima County Planning County Courthouse ell, vKc� WSOM Archie Matthews (ANDS Steve Osguthorpe I'll, A 0 "M W 1"11-16UNI Sun Valley Plaza, LLC c/o Larry Hull 901 Summ itview Ave Yakima, WA 98902 D1041. INDEX # F V- EAU WHINTAVENIMMU. Is Sun Vallev Plaza LLC Vicinitv of Ranchrite Rd & South 1st Street That I mailed said notices in the manner herein set forth and that all o f t he statements made herein are just and true. Ral' 6 ndaa lbarra w w Wv D= INDEX i 19133031009 1 19133043003 1 19133024902 BURLINGTON NORTHERN ILROAD BURLINGTON NORTHERN RAILROAD BURLINGTON rR N SANTA FE PO BOX 961089 PO BOX 961089 FORT WORTH, TX 761610089 FORT WORT 1610089 G OX 961089 FORT WORTH, TX 761610089 * * * �U III i * r * i � rII" "�� 11:1. " IR � • �, MINIM w * Jlirl iii II,1 19133024411 r r , PO BOX i... �',. 989070430 19133013015 ■ ; iii I 19133031900 19133024407 FE BURLINGTON NORTHE A FE SUN VA LAZA LLC RAILWAY CO - ITVIEW AVE 250 PO O YAKIMA, WA 98902 FOR 'WORTH, TX 761610089 191333042472 SUN VALLEY PLAZA. LC 901 SUMMITVIE E 250 YAKI , 902 1 , * s r ,lu P 9 +i Y 989070430 * X� Ii " : #► lu' a 4' � I��I� � �� I � X n-�c L4 Puf-lfo.r) 3 6 ul l r�iA I I� IIII� �I�I ���l III��I VIII III III � I 98902 uli4 r *0: M y s 4527 ONONDAGA AVE SAN DIEGO, CA 92117 17 Total Parcels - Sun Valley Plaza LLC - V4003 -13 51aV13 .:.......::::.. .................. . .......................... WEH=. Type of Notice: File Number(s): 1 Via_ to of Mailing: .................................................... M E-mail Address Engineering dana1a1levigr&yak�mawq.gqv Engineering -I Engineering Legal Dept jeff.cittera -iMg�y�a,�oy ,yak Archie Matthews UU121 Mark Sopti[ilia Fire Dept mark.soptichAyakimaw4.gov Jerry Robertson Code Administration Royale Schneider Code Administration .......... Code Administration . glennd e n_, n Nathan Thompson Code Administration M / WaterIrrigation dave.brown.2w�akimawq.go Mike Shane Water/Irrigation irtike.shane(w ',yakimawa.gov Carolyn Belles Wastewater Scott Schafer Wastewater §scon.schaf .ier((a—,),yakimawa.gov • Refuse Dion Transit Division WEH=. Type of Notice: File Number(s): 1 Via_ to of Mailing: .................................................... M From: lbarra, Rosalinda Sent: Friday, May 24, 2013 2:53 PM To: Brown, Michael; Crockett, Ken, Daily Sun News - Bob Story; lbarra, Rosalinda; KAPP TV News; KBBO-KRSE Radio - manager; KCJT TV News; KDNA Radio; KEPR TV News; KJMA TV - Jim Niedelman; KIMA TV News; KIT/KATS/DMVW/KFFM - Lance Tormey-1 KNDO TV - Julie Stern; KNDO TV News; KUNS-TV Univision; KVEW TV News; Lozano, Bonnie- NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Tu Decides - Xlbert Torres; UNIVISION TV - Marta Isabel Sanchez; Yakima Herald Republic - Adriana Janovich; Yakima Herald Republic - Chris Bristol; Yakima Herald Republic - Craig Troianello; Yakima Herald Republic - Erin Snelgrove; Yakima Herald Republic - Mai Hoang; Yakima Herald Republic - Mark Morey; Yakima Herald Republic Newspaper; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; Beehler, Randy Cc: 'Tcbgc@aol.com',- Kevin (kevin@house314.com); 'Patrick Spurgin'; Belles, Carolyn; Brown, David; Cutter, Jeff; Denman, Glenn; Futrell, Kevin; Kallevig, Dana; Matthews, Archie; Mayo, Doug; Osguthorpe, Steve; Riddle, Dan; Robertson, Jerry; Schafer, Scott; Schneider, Royale; Scott, James; Shane, Mike; Soptich, Mark; Thompson, Nathan Subject: 05-24-2013 Press Release: Ntc of Petition and Hearing - Sun Valley Plaza - RVW#003-13 Attachments: NTC OF PETITION AND HEARING - Sun Valley Plaza - RWV003-13.pdf Rosalinda lbarra C-6.vmwrifi- ./ D"*ism-mt A&,%-WstrW-ve Assistamt rosaIinda.ibarraAyaLjmaAA,m City of Yakima I Planning Division 129 North 2nd Street, Yakima WA 98901 p: (509) 575-6183 1 f-. (509) 575-6105 D= INDEX This is `' proof of your scheduled t! dates Please placement prior to dea , WE Address: DEPT OF COMM/ECON I?Yt VELOPEMENT 129 N 2ND STREET YAKIMA, WA 98401 -2720 Ad 11): 324663 Start: 05/24/13 Stop: 05/24113 Total Gast: $52.88 Agate Lines: 52 # of Inserts: 2 Ad Class: 6421 Account Rep: Simon Sizer Phone # (509) 577 -7744 Email: ssizeroayaki aherald.com If you have any questions concerning this proposal, please call Bruce Benson, Supervising Planner at (509) 575-6042. 0 - I 'k a- -3 m =*. DM. INIM # «2 ■« ?#§£ <, §2 d 2� :4 <» < «� � y�» © ? 4 «< �! .c _ / _ \ /e 4' « :% # f/ I Ill z 11 is further resolved that the City Clerk give notice of the Hearing Examiner in the form and manner prescribed by RCW 35,79.020 and Section 1,43.080 of the City of Yakima Municipai Code, va Claar Tee City Clerk Elm /s/ Micah Cawley Mayor 1EX E -3 1 * M [ Site Address: LIN iff! �._ WWRTM-WA Location of Installation (Check One) N, I Land Use Action Sign is installed per standards described in YUAO § 15.11.090( ). Land Use, Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre-approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site ■ the property. I I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. ThdqWkUire-d comment period will begin when the Code Administration and Planni Division have received the LandUse Action Sign Installation Certification, The date installation certificate receipt will begin the notice period, Failure to post a Land U I Action sign and return this form in a timely manner will cause a delay in the applicati review. I ITEM TITLE: Resolution setting June 13, 2013 as the date for an open record public hearing before the hearing examiner to vacate an unnamed portion of public right-of-way. SUBMITTED BY: Steve Osguthorpe, AICP Community Development Director SISiO1611ARTEXPNOATIOn- Wi val'M 61aza- 66' MLO*4614142 09 4 -* � ATTACHMENTS- Name: U RESOLUT-R-W-SET-OATE,doc L) SUN VALLEY PLAZA,2iIf Ontract Term* End Date: Amount: 01 711 P111111IRR Description: Pefiton and Map fflz= pT 'r 1:1 A RESOLUTION fixing time for a public hearing before the Hearing Examiner on June 13, 2013, on a petition to vacate an unnamed portion of public right-of-way WHEREAS, such a petition has been signed by the owners of more than two-thirds (213) of the property abutting upon the street or alley (or portion thereof) which is requested to be vacated, now, therefore, • JI • ---- A ii I It is further resolved that the City Clerk give notice of the Hearing Examiner in the form and manner prescribed by RCW 35.79.020 and Section 1.43.080 of the City of Yakima Municipal Code 211111111 il mill 11,111 113121iii-9,511110T W -r z # aw e""NAnown'AL �mme--� D= INDU � J 101 CHAPTER lbarra, Rosalinda Rosalinda would ou please hearing record. MRAM M Here's what I've been able to determine about the width of the railroad's right-of-way and the dimensions of Lot 5() St. Paul Acre Lots. Starting with the railroad, the NPRR right-of-way extended at right angles from the main line 200 feet on either side. That dimension brings the railroad right-of-way up to the westerly edge of St. Paul Acre Lots with none of St, Paul Acre Lots containing any railroad property. The area on the plat referenced as Front Street is located entirely within the railroads right-of-way. However, I could find • other source that indicated the existence of Front Street in this location. DOCS INDEX # 7 i